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Full text of "X Collection 319"

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X-£ 51.155 

The XIX International Congress 
of Americanists 



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Meeting in affiliation with 

Section I of the Second Pan American Scientific Congress 
The American Anthropological Association 
The American Folk-Lore Society 
The American Historical Association 
The Archaeological Institute of America 



At the United States National Museum 
Smithsonian Institution 



FINAL PROGRAM 



Washington, D. C. 
December 27-31, 1915 



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PRIMERAS INVEST1GACIO- 
NES ACERCA DE UNA RAZA 
AMERICANA DESCONOCIDA 

PRELIMINARY INVESTIGA- 
TIONS ON AN UNKNOWN 
AMERICAN RACE 

Daniel Ruzo 






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PREHISTORIC MONUMENT, MUSEUM AND LABORATORY 



ESTABLISHED AND DEDICATED 

TO PRESERVATION AND STUDY 

^c r^F 1 I NO ! AN CULTURE- H I STORY 



BY 



THE.. CITY OF PHOENIX 
* V.; ARIZONA . 




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.15 
STAND TO THE COVENANT 1 



ii. Chron. xxxiv. 31, 32. 



H. F. Buckner, D. D., writes * to G. J. Johnson, D. D., 
in reply to his inquiry for his opinion of an article in 
the Baptist Home Mission Monthly on the " Oklahoma 
Bill": 

I argue on general principles that any bill designed to 
subject these five civilized tribes to a territorial or state 
government, would be subversive of our design in re- 
moving them to this country ; contrary to the express 
stipulations of all our treaties with them ; dishonorable 
to our national character ; disastrous to the peace and 
prosperity of the Indians ; and against the best interests 
of the people of the Border States. 

I. What was the design of our Government in removing 
these Indians west of the Mississippi t 

(a) To allay the troubles which existed between them 
and the States, and between States and the General Gov- 
ernment on their account. 

These Indians then lived within the chartered limits 
of Georgia, and other Southern States. The General 
Government had, by former treaties, guaranteed them 
ample protection, but because they resided in States that 
wished to extend their laws over them, great disturbances 
arose between the whites and Indians, and even threat- 
ened the amicable relations between the General Govern- 
ment and some of the States. 
* National Baptist-, May 6th, 1880. 



A full Index on page 103. 



THE 



PAMPHLET 

CONDITION OF AFFAffiT 



IN INDIAN TERRITORY 



AND 



CALIFORNIA. 




A REPORT 

BV 



PROF. C. C. PAINTER, 

AGENT OF THE INDIAN RIGHTS ASSOCIATION. 



PHILADELPHIA : 

OFFICE OF THE INDIAN RIGHTS ASSOCIATION, 

No. 1305 Arch Street. 

1888. 



PRICE, SS CENTS. 






Y X' £ 7 ? 



m l0 



The 

STORY OF THE LONG ISLAND INDIANS 

by 
AUGUST KUPKA 







CONDITIONS 

AMONG THE INDIANS OF THE 

NORTHWEST COAST 



BY 



SAMUEL A. ELIOT 



191! 




Report of the Dawes Com- 
mission Analyzed and 
Statement Sharply 
Controverted. 



r 






K 



LAKE MENDOTA INDIAN LEGENDS 

Prepared for the use of Students 

University of Wisconsin 



*t\ 



Summer Session 




Charles E. Brown 
Chief, State Historical Museum 
Madison, Wisconsin 
1927 



we saw 
the 






^r -^ 


B„ 




Oneila Mart 




ana 




Vada l. C^aplson 






FIRST PUBLICAriOM 1948 







ON 



X-E93 



THE INDIAN QUESTION, 

/ 

DELIVERER BY 

REV. EL. Jl. 8TIMSON, 

OF MINNEAPOLIS, MINN. 

BEFORE THE 

AMERICAN MISSIONARY ASSOCIATION, 

At their Annual Meeting, Chicago, III , Oct. 29, 1879. 



\ 



[Reported in the Minneapolis Tribune.] 



The committee on Indian missions reported 
the following resolutions : 

"Mr. President and Brethren: Your committee 
to whom has been referred that part of the report 
of the executive committee which concerns the 
American Indians, beg leave to report as follows: 

"Another event has occurred, in what may surely 
be termed the Providence of God, to compel the 
attention of Christians to the condition of the 
Indians, and to our methods of dealing with them. 

"Whatever may be said of the policy of the gov- 
ernment, the fact is that the paroxysm into which 
the country is thrown at each new Indian outbreak, 
the perplexed uncertainty which is then manifested 
by our chief public officers, the conflict of orders 
which issue from the different departments of the 
government, the passionate demands whicharethen 
made for radical changes in our policy, and the gen- 
eral hopelessness of permanent improvement in the 
condition of the Indian, which that widespread de- 
mand indicates — these conspire to prove that, if 
not a fundamental change, at least a more intelli- 
gent aim is necessary in our method of dealing 
with these, the most perplexing of our national 
wards. 

"In the hops of furnishing a basis of discussion, 
and of guiding the efforts of the Association in the 
new problems which are arising, your committee 
ventures to embody their suggestions in the form 
of a series of resolutions, which we present for 
adoption, if your wisdom approves them." 

Resolved, That the aim of this Association shall 
be, as far as possible, and as rapidly as possible, 
to secure for the Indians 

"a. A legalized standing in the courts of the 
United States. 



"b. Ownership of land in severalty. 

"c. The full rights of American citizenship." 

These three things, we believe are essential if 

the Indian is to be, not Christianized or civilized,. 

but saved from extermination. 

Resolved, That to this end the members of this 
Association will do all in their power to make the 
Indian question a pressing question, until the at- 
tention of Congress is so secured and held to it 
that the legislative enactments necessary to bring 
about these changes be completely accomplished. 

Resolved, That this Association most heartily in- 
dorses the plan of the Indian Bureau to secure to 
as many Indians as possible the advantages of ed- 
ucation offered at such distant schools as that at 
Hampton and Carlisle; at the same time we be- . 
lieve that the system of boarding schools on the 
reservations, which for many years have been 
maintained by the government and the mission- 
aries, is the chief educational agency that must be 
relied upon for bettering the condition of the In- 
dian." 



Mr. Stimson, the chairman of the committee, 
then spoke as follows : 

I stand before yon te speak upon the In- 
dian question with an inexpressible sadness. 
The hopelessness of securing justice or mercy 
for the Indian oppresses me. I seem to hear 
the ory of the Pilgrim's saintly pastor when 
the news came to him across the ocean of 
their first fight with the natives of New Eng- 



X-£<?3 

*11 



A THRILLING RECORD. 



" The United States Government never redroHsee any wrong 

until the people demand it. Reach the heart of the 

people and these wrongs will end."— Secretary Stanton. 



MAY, 1880. 



it 




r 

1 



Constitution and By-Laws 







-OF- 



The |ndian Rights Association. 



1883. 



X-E 9 3 



To provide for the establishment of Courts of Crim- 
inal Jurisdiction upon Indian Reservations, 
to define their powers and the offenses of 
which they may take cognizance, to 
affix penalties to the commission ■ 
of such offenses, and for other 
purposes. 

PBEPABED BTT 

The Committee on Legislation and Legal Matters 



TpE pAW I^HTg A^OrJlATIOfll. 



PHILADELPHIA. 

1316 Filbert Street, 416 Waxntjt Street. 
1884. 




Indian Before the Law. 



BY 



/ 



HENRY S. PANCOAST. 



■ My predecessors have frequently called attention to the startling fact that we 

have within our midst two hundred and seventy-five thousand people, 

the least intelligent portion of our population, for whom we provide 

no law, either for their protection or for the punishment of 

crime committed among themselves." — Report of the 

Commissioner of Indian Affairs for 1876. 



" The Indian commands respect for his rights only so long as he inspires terror 
for his rifle." — General Crook. 



PRINTED BY ORDER OF THE EXECUTIVE COMMITTEE OF 

THE INDIAN RIGHTS ASSOCIATION, 

131 6 Filbert Street, 

philadelphia. 

1884. 






. 



X-E43 




,/ 



VIOLATED PRINCIPLES THE CAUSE Ob FAILURE 
IN INDIAN CIVILIZATION-* 



- \ 



By CAPTAIN RICHARD H. PRATT, U.S.A., 
Tenth Cavalry. 

I MAY say before I begin, that this is the first time I ever 
attempted to prepare a paper to read before an audience, and I 
have been somewhat nervous over it because of the fact that I 
am before so many who have had many more years of experience 4 
and observation with Indians than I have ; but I give you my 
convictions, and I stand on them. 

A somewhat large and varied experience in work among and 
for the Indians, has forced upon me convictions that the tardy 
progress in their civilization, as contrasted with the rapid ad- 
vance of other of our peoples, is a standing rebuke to us as a 
nation. An inquiry into the causes which have hastened others 
forward, and held the Indians back, reveals that a few common- 
sense principles have been applied and brought wonderful suc- 
cess in the one case, and the same principles being refused or 
neglected to be applied have hindered in the other. 

Just what is civilization and what is savagery in the make-up 
of the affairs of men, and where the one begins and the other 
ends, are questions not yet settled. There are, doubtless, many 
features of conduct and management among the highest civilized 
people that could be properly called savage, and there are douy t- 
less features of management and conduct on the part of the 
most savage nations that might properly be called civilized. One 
writer says that " the permanent changes in the condition and 
arrangements of a man's life effected by his own intelligence and 
exertions, make up human civilization. It is the artificial half of 
the good we enjoy. Nature has given us so much ; our own 

* Read before the Military Service Institution, December 10, 1885. General 
Hancock, President, in the chair. 

46 

QiFT 
ANNA L. DAWES 
SEPT. 17 1936 



■■■ 



X-E93 



n 



Office of the Indian Rights Association, 

i 316 Filbert St., Philadelphia, Pa., 

November 1st, 1886. 

The following extract from the columns of the New York Times, of October 15th, is reprinted 
for the information of the friends of the Indians : — 

TO HELP THE INDIANS. 



IMPORTANT RESOLUTIONS PASSED BY THE 
CONFERENCE. 

Lake Mohonk, N. Y., Oct. 14.— At the opening of the Indian 
conference to-day, Mr. Garrett reported from the Business Com- 
mittee the following resolutions : — 



/ 



Resolved, That the public and private utterances of President Cleveland, express- 
ing his interest in securing justice, education, and ultimately citizenship, for the 
Indians, and such wise and courageous acts of the present Administration as the 
revoking of the order opening to white settlers the Crow Creek Reservation and the 
ejectment from Indian lands of illegal occupants and armed intruders, have the un- 
qualified approval of this Conference. 

Resolved, That the efficiency of the Indian service depends almost entirely upon 
the personal fitness and experience of the inspectors, agents, teachers, and subordi- 
nates, who are brought into immediate and personal relations with the Indians. 

Resolved, That under previous Administrations the uncertain tenure of place on the 
part of Indian .agents has interfered materially with the work of civilizing the Indians. 

Resolved, That since this Conference is credibly informed that within the last 
two years new appointments of agents have been made at about four-fifths of the 
agencies, while very generally changes have been made in subordinates and teachers, 
and that since many of the most experienced men in the service have thus been lost 
the friends of the Indians must regard with solicitude the continuance of a system of 
appointment and removal which has not shown itself, under either party or under any 
Administration, adapted to secure the best results. 

Resolved, That this Conference earnestly recommends the immediate application 
of the principles of civil service reform to the entire Indian service, with such exten- 
sion or modification of the present laws and rules as may be necessary to secure the 
end in view. 



r; 





X-Eis 



*23 




^THE : 



Wonjen^ Rational Indian M oeiati^ 



REPORT 



-OF- 



M emorials to Q oyernment. 



November, 1885, to November, 1886. 



1112 EIRSHD STREET, - - PHILADELPHIA, PA. 




f 



K-E93 





REMARKS 

MADE AT A MEETING IN CAMBRIDGE, MASS., 

CALLED BY THE WOMEN'S INDIAN ASSOCIATION 

OF THAT CITY, MAY 3, 1886, 

BY J 

JAMES B. THAYER, 

PROFESSOR OF LAW AT HARVARD UNIVERSITY. 



•ii- »* 



Those who have had in charge the preparations for this meeting 
have asked me to represent them in introducing to you the speakers 
of the evening. I have willingly consented, for I am glad of the 
opportunity to express a hearty approval, not only of the general pur- 
poses of the Indian Associations, lately formed here, but especially of 
the particular purpose which has led to this meeting, namely, that of 
urging forward the legislation which is now in progress at Washington, 
intended to secure to all Indians living on reservations the chance to 
take a share of the tribal lands in severalty and to become, when they 
do this, citizens of the United States. 

Persons of no mean authority as lawyers, thought, after July, 1S68, 
when the XIV amendment was passed, that all native Indians' in this 
country had become citizens. But since the decision of the Supreme 
Court of the United States two years ago, in Elk v. Wilkins (112 
U. S. 94), that opinion must be laid aside. I suppose that that decision 
was a sound one ; but it shows that there still remains in this country, 
to use the language of a judge of the Supreme Court in dissenting 
from the opinion, "a despised and rejected class of persons." 

"Despised and rejected" ! There are those to whom that phrase 
of ancient prophecy comes home with a profound impression. They 
remember of whom it is said, "He is despised and rejected of 
men." And they remember also, and would not forget them if 
they could, thoss other words: "Inasmuch as ye have done it unto 
one of the least of these my brethren ye have done it unto me." 
This Indian question is not merely a giuve matter of law and admin- 
istration ; it touches more and more the moral sense of the nation. 
It is addressing the women of the country,— the keepers of the public 
conscience ; it is recalling to the field of public duty the veterans of 
the anti-slavery contest ;. it is touching the generous sensibilities of 
our brethren at the South ; and is kindling in many of the younger 
generation, in all parts of the country, the purpose of helping to set 
this matter right. 



X-E93 



*75 

REMARKS 

MADE BEFORE THE WORCESTER INDIAN ASSOCIATION 
AT WORCESTER, MASS., FEBRUARY 13, 1887, 

BY >• 

JAMES B. THAYER,' 

PROFESSOR OF LAW AT HARVARD UNIVERSITY. 



Who and what are these Indians that we are talking about? They are a 
set of people who are in a very anomalous civil, political and legal condition. 
They are not citizens. They are not foreigners. They are not slaves. 
They are not cattle. 

They are human beings ; that is, they are persons who are recognized as 
capable of having legal rights and of coming within the pale of our political 
organization and being citizens. A good many Indians are citizens today. 
But they are not the ones whom we come here to talk about. It is the 
mass of tribal Indians living on reservations that we are concerned with, a 
body of people who hold their lives, liberty and property today at the mercy 
of Congress and of the agents whom it sees fit to appoint; over whom our 
system permits the exercise of arbitrary power. A strange statement, but 
true. A state of things exists as to them which is very remarkable indeed, 
one which is absolutely repugnant to our free and democratic system of 
government. Before the war we had two of these anomalous classes of 
persons in the country, slaves and Indians. One of these has gone, the slaves. 
But the other remains. 

Now, how can it be that such a state of things exists ? How came it 
about ? And what are we to do about it ? Let me try to answer these 
questions, not, perhaps, formally and in order, but in such a way, I hope, as 
to be intelligible. 

1. I said just now that there are different classes of Indians. What we 
call the " Indian question " relates only to a particular class of them, although 
it comprises far the larger part. 

We must discriminate, (a) There are tribal Indians now in this country 
who are and have been for many years citizens of the United States. It has 
been judicially declared in the Territorial courts of New Mexico that the 
Pueblo Indians are of this class, e. g., the Zunis, who were here a few 
years ago. They came in by the treaty with Mexico, and, as being before 
that citizens of Mexico, became by the terms of the treaty citizens here. 
"By solemn treaties," said Judge Curtis in the Dred Scott case, "large 
bodies of Mexican and North American Indians . . . have been admit- 
ted to citizenship of the United States." And by virtue of the fifteenth 
amendment, since March, 1870, their right to vote cannot be "denied or 
abridged by the United States or by any State on account of race or color." 



) 



XrEtS 



OUR NEXT DUTY 



TO THE INDIANS. 



BY 



JAMES E. RHOADS. 






PHILADELPHIA: 

INDIAN RIGHTS ASSOCIATION, 

No. 1316 Filbert Street. 

1887. 



X-E ?3 



-^^^^^■■^^^^^^^^^^■^^ 



TH E 



Women's National Indian Association. 



ADDRESS OF THE PRESIDENT 



-ON- 



I 









Current Indian Legislation, 
Work Needed, Etc. 



November 30, 1887. 




-PHILADELPHIA., PA.- 



Royal Printing Company, N. E Cor. Tenth and Filbert Sts., Philadelphia. 



4 



x 



The Women's National Indian Association 




■• 



EEPORT 



ON 



Indian Home-Building. 



NOVEMBER, 1887. 



HARTFORD: 

The Fowlbb & Miller Company, Pbinters, 341 Main Street. 

1888. 






* * * ********* 



******** 



=THE= 



Wevner^ f % Jfettioftcrl 



Indian /f§§08iation. 



"REPORT 



-ON- 



In dian Home B uilding. 



November, 1888. 



***************** ****** 



i-m 



O- 



The following Platform was unanimously adopted at a Meeting held 
in Musical Fund Hall, in Philadelphia, Penn'a, March 26th, 1892. 

Hon WM N. ASHMAN, Chairman. 
Secretaries— HERBERT WELSH, H LADSSAT GEYELIN, FRANCIS FISHER KANE. 

Senator R. F. PETTIGREW, S. D. Representative 0, H. MUNSUR, Missouri, 

Representative MARRIOTT BROSIU3, Pa., " THOMAS LYNCH, Kansas, 

Right Rev. E. TALBOT, D. D , Idaho. 

1. That all Indians born in the United States be regarded in the same light as all other native born 
citizens, allowed the same privileges, encouraged to mix among our people, and to join all our industries. 

2. That in view of this position the reservation and tribal life must be discouraged and abandoned 
as soon as practicable. Those tribes who are still in a barbarous condition should be approached with 
a kind but a decided understanding that their children must be educated, both by books and work. 
The United States will no longer permit savagery in its midst. The safety of the nation demands that 
all its inhabitants be educated and industrious, and accordingly if the Indians, after due persuasion, 
are unwilling to place their children in school they shall be compelled to do so. 

3. The Indians shall not be forced to leave their homes or to exchange good land for bad. 
But, as it is unwise to permit any people to live as a separate nation within our oorders, those Indians 
now living on lands which they do not cultivate or use for any but roving purposes shall be approached, 
and by every proper means induced to sell such portions of their territory as are not necessary for 
their own subsistence or the development of their best interests. The Government in making such 
purchases shall endeavor to buy alternate portions so that white settlers may be intermixed with the 
Indians, and both shall be free to enjoy the same School, Church, and other privileges. 

4. That the Indian race has shown its capability of attaining a high degree of civilization and 
learning by the facility with which they acquire all branches of knowledge. The reports from all 
Indian educators are that they are docile, quick to attain knowledge, retentive of what they learn. 
In all schools and colleges where they have beeru the universal testimony is that they equal any in 
ability and fondness for study? i In the Fine Arts, as Music and Drawing, in Manual and Mechanical 
Arts, the Indians have shown decided facility. Therefore it is both necessary and just that proper 
school opportunities be provided for them. Schools, therefore, should be established wherever there 
is a sufficient number of children to warrant so doing; and the present system of Government Educa- 
tion should be extended until provision has been made for all Indian children. Indians should be 
encouraged to send their children to non reservation schools, and as far as possible to the public school 
of the country, so that they may mingle with white children and learn by association personal experi- 
ence and example, the. value of the habits and customs of civilization. 

5. That by the present ration system the Indians have but little idea of the value or use of money. 
As soon, therefore, as any tribe or portion' of a tribe now receiving rations or clothing shall be so 
situated that they can live by their own exertions and purchase their own food and clothing, the amount 
due to them from the Government shall be paid to them per capita, in money, so that they may learn 
its use and value by personal experience. 

6. That legal marriage ceremonies shall be insisted on: that no man or woman shall be permitted 
to have more than one wife or husband: that the laws of consanguinity be taught and enforced so that 
marriages shall not be allowed between those connected by close blood ties, such as sister, brother, aunt, 
uncfer moth erur father." That no girl shall be sold for Ponies or any other consideration. 

7. That we most earnestly condemn the exhibition of Indians in their savage costumes and customs, 
N") interesting and attractive as these may be to the young they are demoralizing to both actors and 
0"* audience; especially does it tend to make the Indians cling to their old ways and think them of great 

importance. 

8. That the policy pursued in the past of keeping the Indians by themselves, and out of contact 
with civilization, has been a decided failure. We therefore advocate the mingling of the whites and 
Indians as neighbors, especially as there is no class prejudice between them, and as no foreign nation 
could make good Americans if they were permitted to live in seclusive communities and not mingle 
with the body of citizens, so the Indian tribes will never become a portion of our commonwealth unless 
they are induced to live among us, and their children allowed to associate with ours in their daily 
walk in life. 

9. That, as it may be impossible to carry out all the features of this platform immediately, we 
would ask Congress to take these points into serious consideration and base legislation upon them. 
To further this purpose we would raspectfully ask each member of both Houses to read this platform 
carefully, and to use his own individual influence to carry out the principles set forth herein at as 
early a date as possible. In the meantime let the older Indians be made to understand, in every pos- 
sible way, that no stumbling-blocks are to be put in the way of education or industrial training for 
their children, either in the East or the West. 

10. Great care should be exercised in the selection of competent and experienced persons to act as 
Indian Agents and other employees in the Indian service, and to this end the principles of the merit 
system of appointment, already extended in part by the present administration, should be made to 
cover all appointments. 



I. i 



\/ THE 
WOMEN'S NATIONAL 
INDIAN 
ASSOCIATION. 




X 






m 



at? 
&ow I 



XrEfS 



*3 



7> 



J 



JANUARY, 1893. 



Published bv the Executive Board, 



?F 



™ 



[No. 23.— Second Series, 3000.] 




INE 



ndian Rights Association, 
1305 Arch Street, 

Philadelphia, April, 



1895- 



. Civil Service Reform Essential to a Successful 
Indian Administration. 

An address delivered at a parlor meeting held at the house of Miss 
Mary Coles, Philadelphia, March 25th, 1895, in the interest of the 
Indian Rights Association, by its Washington Agent, Mr. Francis E. 
-— Leupp. 

Of the entire Civil Service of the United States no branch 
stands in more urgent need of a strict merit system of ap- 
pointment and tenure of office than the Indian Service; but 
in none is the spoils system more firmly intrenched. One 
reason why this is so is that the Indian field service is scat- 
tered over a wide area of country and distributed among a 
number of States and Territories, each agency and reserva- 
tion constituting, as it were, a little separate leasehold kept 
in feudal subjection to the political leaders of the Common- 
wealth in which it is situated. For generations past, although 
the real needs of the service have been known to the whole 
American people, the Indian question has been considered 
rather as a thing apart from the common interests of the in- 
habitants of the Union east of the Mississippi River, and has 
been left to work itself out in the same happy-go-lucky fash- 
ion which, until lately, has characterized the gradual solution 
of other great political and economic problems confronting 
our so-called popular Government. In other words, the bulk 
of the people have recognized the existence of an organized 
minority known as politicians, and to this minority has been 
left, almost without restraint, both the formulation and the 
execution of the Government's Indian policy. Even in cases 







Indian Citizenship Day, ^ 

FEBRUARY, 8, 1900, 

the « thirteenth • Annual 
CELEBRATION 

—OF THZ— 

Signing of the Dawes' Bill 

which, on February 8, 1887, conferred upon the Indians 

tht right to land in severalty and to 

United States Citizenship. 




Winona Lodge, 



f 



[No. 77 — Second Series — 5000] 



•X-E93 

*35 



J 



Indian Rights Association, 
709 Provident Building, Philadelphia, May 25, 1907.' 



A BRIEF STATEMENT OF THE INDIAN RIGHTS 

ASSOCIATION, 

ITS OBJECTS, METHODS AND ACHIEVEMENTS. 






The Association is a non-political, non-sectarian body of public-spirited men and 
women. It was organized in Philadelphia, December 15, 1882,' as a result of a visit 
of Messrs. Henry S. Pancoast and Herbert Welsh to the Sioux Indians, by about 
thirty gentlemen, who met in response to an invitation from the late Hon Tohn 
Welsh— J 

"to take into consideration the best method of producing such public feeling 
and Congressional action as shall secure to our Indian population civil rights and 
general education, * * * * and in time bring about the complete 
civilization of the Indians and their admission to citizenship." 

As defined by its constitution, the object of the Association is '"to secure to 
the Indians of the United States the political and civil rights already guaranteed 
to them by treaty and statutes of the United States, and such as their civilization 
and circumstances may justify." In the beginning of its work, to quote from a 
recent annual report, "the civilized Indian was the exception rather than the rule. 
The brutal expression 'the only good Indian is a dead Indian' seemed to represent 
the prevailing sentiment of the time. The country over which the red man roamed 
was sparsely settled. Outbreaks were taken as a matter of course, and comparatively 
little attention was paid to his rights or wrongs. Ignorance concerning the Indian 
and his affairs was dense and widespread. When the tide of emigration swept west- 
ward, and settlers, good and bad, began crowding the Indians more and more con- 
ditions materially changed. It was evident that wise measures should be adopted, 
whereby the Indian could be adapted to his new environment, and eventually be- 
come a part of it. To accomplish this it was necessary that public sentiment should 
be aroused by a vigorous agitation. * * * * It was also necessary 
to secure an accurate knowledge of actual conditions, which could only be done by 
frequent visits to the Indian country. This information then had to be brought 
to the attention of the public in order to exert a sufficient pressure%upon Congress 
and the Executive to secure prompt and reasonable attention. This was done by 
the dissemination of information obtained through the medium of pamphlets and 
^•leaflets and through the columns of the public press. The work progressed slowly 



X-E<?3 




UNITED STATES DISTEICT COURT - WESTERN 

DISTRICT OF NEW YORK 

United States oe Amekica ex rel. John D. Lynn against 

Fbederick W. Hamilton and Othebs 
. Habeas corpus to inquire into the legality of the arrest and 
imprisonment of Wilford Kennedy and Nelson Hare, charged 
with violation of the Conservation Law of the State of New York 
Upon the hearing the relator appeared by George P. Decker, Esq 
and the respondents by A. F. Jenks, Deputy Attorney-General 
Alter hearing oral arguments, the court held the case to enable 
counsel to prepare and file with the court written briefs on the 
law questions involved. The Attorney-General having reached 
the conclusion that the prisoners should be discharged, has pre- 
pared the following memorandum to be filed with the other papers 
herein. 

GENERAL STATEMENT 

Wilford Kennedy and Nelson Hare are Indians by blood and 
members of the Seneca Nation residing on the Cattaraugus Reser- 
vation located in the counties of Erie and Cattaraugus in the 
State of New York. These Indians were arrested April 21st, 
1915, by Leon W. Paxon and Albert Stadelmeir, State Game 
Protectors, while fishing with a net in Cattaraugus creek and 
within the boundaries of the Cattaraugus Reservation, and were 
charged with fishing with a net, or seine, without a license, and 
in violation of section 176 of the Conservation Law of the State 
•of New York. While said Indians were being arraigned before 
Chief Justice William Brennan in the City Court of Buffalo, a 
writ of habeas corpus was sued out at the instance of the United 
States Government to test the legality of the' arrest and imprison- 
ment. The facts, as above outlined, are undisputed. 

The precise question is whether the Conservation Law of the 
State of New York extends to Indians maintaining their tribal 
relations and residing upon an Indian reservation within the 
limits of the State. 

The status of Indian tribes and their relation to the Federal 
and State governments have frequently been subjects of judicial 



" ■ 




X-E13 

*37 



Indian Primer 



The outstanding facts about the condition 

and treatment of American Indians 

today; their civil rights; and 

a program of remedies. 









/ 



Committee on Indian Civil Rights 
of the 

AMERICAN CIVIL LIBERTIES UNION 

100 Fifth Avenue 

New York City 



August, 1932. 



. 



X-E93 



American Missionary Association 

Central Office : 
387 FOURTH AVENUE, NEW YORK 



What the White 

Man Owes the 

Indian 



REV. ROBERT HALL 



Eastern District : Western District : 

615 Congregational House 153 LaSalle Street 
Boston, Mass. Chicago, 111. 

Pacific District : 
21 Brenham Place, San Francisco, Cal. 










X-E9 3 



• 



V 



RIGHTLY SOLVING TEE PROBLEM: ^ 



Oue National Promises to Indians.— Our Govern- 
men has made nearly 900 treaties with the Indians during 

formly ocVnowlpdwH t n 1» << ,. \- c f, eatl ^ tlle Indian tribes are um- 
iiSMSlRS^l?? "l??*** of annuities due;" that their 

have seldom if ever, been kept. Says Bishop Whipple* 
I have asked scores of brave officers who have grown grey 

Ind tLT 1C \ lf th 7 | n6W ° f a £iu S Ie *"*£» wLre 
Indians have been the first to break the treaty, and they 
have always answered, No." . * 

trivia 1 !!?/ 6 gaV ?. the Cherokees "solemn guaranty of 
their lands forever;" ten y ears afterwards, at the request 

and tilled acres before the army, with great loss of proP- 

ot miles into an unknown wilderness 

drivL 1 ™ r en , h ™ dred , Poncas were thus robb ed and 
driven fifty-five days' march away from their own homo 

losing more than 150 of their number in less than a Zr 

lrom changes and conditions which only the stronger 

could survive. ' s 

»M-»h,I ' ■ , ' ^ ere P m ' suel L captured, and for fire days in 
a Dakota prison in mid-wmter without food or fire suffered tffltLS 

sufe ftS^JS**^ ^ St ° ekbri ^ *"<* Delaware, 



X-E9J 



HO 



THE REAL INDIAN QUESTION. 

• 

The question underlying all others pertaining to the In- 
dians within our national borders at present is, Save they 
a moral and legal right to the lands known as Indian Reser- 
vations which they now hold in possession ? If these lands 
are really theirs, not ours, then what shall be done with 
these lands and their occupants is a question for them to 
decide, and not for us, except at 'their request or with 
their full and free consent. 

Are these lands theirs? Let us candidly examine this 
question since the righteousness of our dealing with the In- 
dia ns,— a matter of infinitely greater importance to us than 
all the money values involved, — depends upon its just 
answer. _ Are the lands theirs f With no dishonest reticence 
or thievish evasion, history tells us that when the first 
European explorers landed upon American shores the fore- 
fathers of these Indians had already had immemorial ocettr 
pancy here and then held peaceable possession of the con- 
tinent; and every reader of Blackstone and other legal 
authorities knows that the right of occupancy is the best title 
known, and the only original foundation of every other title. 
The people of Ohio and Connecticut, for example, now hold 
their lands " by the right of occupancy only, commenced by 
purchase, from the aboriginal possessors."* In defending 
our own land titles, therefore, we are, morally and legally, 
defending those of the Indians. 

A second proof, added to that of original occupancy, of 
the justice of Indian claims is found in our national records. 
In nearly 900 treaties our Government, from the first days 
of the Republic, has acknowledged the moral and legal right 
of the Indians to lands claimed by them in the fact of pur- 
chase from them, and of purchase by treaty, these treaties 
being declared by our first Presidents and best statesmen, 
some of them indeed being the framers of our Constitution, • 
to be of "supreme authority," and binding on all judges 
and interpreters of law. Further: These treaties accord- 
ing to international law acknowledge that the Indians are 
" nations," treaties being possible only between " indepen- 
dent communities, each acting through its legislative au- 

* Jeremiah Evarts, father of Secretary Evarts. Indian EsRays, p. 10. 



QiriaAj -> 



X-Eiz 



THE REAL INDIAN QUESTION. 

« ■ 

_ The question underlying all others pertaining to the In- 
dians within our national borders at present is, Rave they 
a moral and legal right to the lands known as Indian Reser- 
vations which they now hold in possession t If these lands 
are really theirs, not ours, then what shall be done with 
these lands and their occupants is a. question for them to 
decide, and not for us, except at their request or with 
their full and free consent. 

Are these lands theirs? Let us candidly examine this 
question since the righteousness of our dealing with the In- 
dians, — a matter of infinitely greater importance to us than 
all the money values involved,— depends upon . its just 
answer. . Are the lands theirs t With no dishonest reticence 
or thievish evasion, history tells us that when the first 
European explorers landed upon American shores the fore- 
fathers of these Indians had already had immemorial occu- 
pancy here and then held peaceable possession of the con- 
tinent ; and every reader of Blackstone and other legal 
authorities knows that the right of occupancy is the best title 
known, and the only original foundation of every other title. 
The people of Ohio and Connecticut, for example, now hold 
their lands " by the right of occupancy only, commenced by 
purchase from the aboriginal possessors."* In defending 
our own land titles, therefore, we are, morally and legally, 
defending those of the Indians. ' 

A second proof, added to that of original occupancy, of 
the justice of Indian claims is found in our national records. 
In nearly 900 treaties our Government, from the first days 
of the Eepublic, has acknowledged the moral and legal right 
of the Indians to lands claimed by them in the fact of pur- 
chase from them, and of purchase by treaty, these treaties 
being declared by our first Presidents and best statesmen, 
some of them indeed being the framers of our Constitution, 
to be of "supreme authority," and binding on all judges' 
and interpreters of law. Further: These treaties accord- 
ing to international law acknowledge that the Indians are 
" nations," treaties being possible only between " indepen- 
dent communities, each acting through its legislative au- 

* Jeremiah Evart3, father of Secretary Evarts. Indian Essays, p. 30. 



fll 



J 

I 



Ml 



A Plea for the Papoose. 

An Address at Albany, N. Y., by Qen. T. J. Horgan, 

U. S. COMMISSIONER OF INDIAN AFFAIRS. 



"Sporting through the forest wide; 

Playing by the water side ; 

Wandering o'er the heathy fells ; 

Down within the woodland dells, 

All among the mountains wild, 

Dwelleth many a little child." 
We are all interested in babies, for the obvious reason 
that we have all been babies ourselves. Babies in general 
are well cared for in America. They are born into the civ- 
ilization of the nineteenth century and are literally "heirs of 
the ages." By our laws for the transmission of property; 
by the munificent school system which has been devised for' 
the training of the young; by a thousand and one influences 
of home, school and church ; by the fostering care of our 
free institutions, as well as by the unexampled opportuni- 
ties afforded in this new country, the most fortunate class of 
beings upon the face of the earth are the American babies. 
Everything is theirs and they have only to reach forth their 
hands, show themselves capable and ready, and place, pow- 
er, fortune, culture, all that men hold desirable, is at their 
command. 

The one exception to this happy state of things is found 
in the papoose ; for the Indian baby, although an American, 
is not born into the same environment that so happily sur- 
rounds his little white fellow-countrymen. The children of 
all other nationalities (save the Chinese ), Poles, Hungari- 
ans, Greeks, Italians, Africans, are born free and equal on 
American soil, and may claim the inestimable rights and 
privileges of American citizenship; but, inconsistently 
enough, the children of the North American Indians are ex- 






X-E93 



INDIAN COURTS BILL. 

I. General Explanations. 
II. Notes upon the Different Sections. 




(1.) The main part of this bill (sees. 3-11 inclusive) provides 
for courts and a system of law upon the Indian reservations. 
The power to do this is found, — 

1. As regards reservations in the Territories, in the ample 
authority of Congress over the Territories. In the language of the 
Supreme Court of the United States (Waite, C. J.), in National 
Bank v. Yankton, 101 U. S. 129, 133, " Congress may legislate 
for them [the Territories] as a State does for its municipal organ- 
izations. . . . Congress is supreme, and for the purposes of this 
department of its governmental authority has all the powers of 
the United States, except such as have been expressly, or by im- 
plication, reserved in the prohibitions of the constitution." , 

2. As regards the reservations in both the Territories and the 
States, this power is found in the authority of Congress to regu- 
late commerce with the Indian tribes, and especially in the 
power, which must exist somewhere, and which cannot, consis- 
tently with the general control of the Indians by Congress, exist 
anywhere else than in the federal government, to maintain civil 
order among the Indians, and to administer their affairs when, 
owing to the decay of their native laws and customs, they are no 
longer able to administer them for themselves. This power was 
asserted and enforced in 1885, in U. S. v. Kagama (118 U. S. 
375), where the precise question was raised of the full power of 
the United States to legislate for Indians on a reservation within 
a State. The Supreme Court of the United States (Miller, J.) 
there says (pp. 383-385, — the italics are those of the court) : 
" These Indian tribes are the wards of the nation. They are 
communities dependent on the United States. . . . They owe no 
allegiance to the States, and receive from them no protection. 
Because of the local ill-feeling, the people of the States where 
they are found are often their deadliest enemies. From their 
very weakness and helplessness, so largely due to the course of 
dealing of the federal government with them, and the treaties 
in which it has been promised, there arises the duty of protect- 
ing, and with it the power. This has always been recognized 
by the Executive and by Congress, and by this court whenever 
the question has arisen. . . . The power of the general govern- 
ment over [them] . . .is necessary to their protection as well 



f 



X-£93 



/ 



THE INDIAN COURTS BILL. 



The importance of the bill now pending in the Senate to es- 
tabhsh courts and laws for the Indians cannot be overestimated. 
If its results prove those which its projectors hope, it will make a 
final settlement of the; entire Indian question, and at last remove 
what has so long been a standing reproach to our civilization. 
The Indian is now in a position of great danger. The effect of 
the so-called Dawes bill has been to confer upon him liberty with- 
out protection, citizenship without law, and property without ex- 
perience or defence. An admirable measure so far as it went, the 
Dawes bill, if not supplemented by protective legislation,' will 
leave this last state of the Indian worse than his first. 

Although his situation is so critical, it cannot be said that the 
prospects of the bill are bright. Introduced by Senator Dawes, 
it was referred by him to a sub-committee consisting of Messrs 
Piatt of Connecticut, Morgan of Alabama, and Jones of Arkansas. 
Several hearings had been had upon the subject, and the only 
objection seriously urged to the bill, other than objections of mere 
detail ,s that of expense. It is true that the proposed measure 
has also been termed too complicated, but no one has yet been 
able to propose a simpler measure that would be of any value 
The bill was prepared by some of the most eminent counsel in 
New York, Boston, and Philadelphia; among whom it is sufficient 
to name Professor James B. Thayer of the Harvard Law School 
Judge Lowell, Ex-Mayor Prince, Austin Abbott, LL.D., of New 
York, and the legal committee of the Indian Rights Association, v 
It has also been revised and approved by Gen. Clinton B Fisk 
President Gates of Rutgers College, and William McMichael of 
New York, all of the Board of Indian Commissioners. It is ap 
proved and advocated by Prof. Francis Wayland, Dean of Yale 
Law School, Dr. James E. Rhoads, Herbert Welsh, Philip C 
Garrett, Maj.-Gen. George Crook, and by the Indian Rights 
Association, Boston Indian Citizenship Committee, and Massa- 
chusetts Indian Association. In fact, all the Indian association, 
give the bill hearty support, so far as heard from. 



OrfyfT) 







Ii? if! United States Circuit Court, 



District op Nebraska. 



JOHN ELK- 



vs. 



CHARLES WILKINS. J 



j-' Argument for Plaintiff. 



A. J. POPPLETON AND JNO. L. WEBSTER, 

Attorneys for Plaintiff. 



S. EEE8. Printer and Blank Book Manufacturer, Omaha. 



*«3 




RECOMMENDATIONS 

[From Senate Report 310, "Partial Report from the Committee on Indian Affairs."] 

1. Do not fill vacancies that may occur in the staff of the Indian Bu- 
reau unless the position is one which is necessary to carrying on the 
process of elimination, m which case the vacancy may be filled by transfer 
within the Service, of some employee who came into the Service in a 
legitimate way and according to the regulations of the Civil Service 
Commission. Annual savings, indeterminate, but actual. 

2. Permit all Indian Service employees whose services in the Bureau 
are not immediately needed, to seek employment elsewhere, and, so far 
as possible, assist them to transfer to other Government employment 
in the interest of national defense and the prosecution of the war in which 
we are engaged. Annual savings, intangible. 

3 Refuse Federal financing in any form or degree to conferences of 
held and central office employees in the Indian Bureau. Such confer- 
ences have been so continuously frequent that they have come to be taken 
as a matter ot course. They are expensive of time and funds far beyond 
their value in returns. Annual savings, indeterminate but actual 

4. Eliminate surveys by the Indian Bureau. It has acquired the survey 
habit during the past 10 years. Survey is an interesting recreation, albeit 
expensive whether it consists of a junket of specialists from Washington 
or a mixed group from office and field. Some of the experts made TCBIA 
11 echnical Cooperation Bureau of Indian Affairs] surveys while waiting 
tor something to do. It was unfortunate because they were numerous 
and voluminous and cluttered up the offices and were not of sufficient 
value to send to the Archives. Many surveys by the Indian Office have 
required numerous high-priced specialists with many attendants from 
the office and from the field. Annual savings, indeterminate but actual 
5. Eliminate research and studies as carried on by the Bureau The 
Indian Bureau type of research is mainly done by preferred employees 
who get into the service to research for their doctor's thesis at Govern- 
ment expense. Research in the Bureau was initiated with $100 000 se- 
cured from private foundations for research in Indian education. It was 
used to employ desirables who did not have civil-service status, to do the 
work which, if done at all, should have been done by the regular employ- 
ees. Ihe latest of these studies is now going on-Indian Personality and 
Response to Authority, it is called. Conducted in cooperation with the 
University of Chicago, it is now in its second year. It also requires the 
holding of expensive conferences like the one at Santa Fe last spring, but 
it is more expensive in that it occupies time and effort of the field person- 
nel in the areas m which it is operating. Annual savings, indeterminate 
but actual and considerable. 

6. Eliminate all supervisors, directors, and coordinators in the central 
and regional offices, except such as may be needed in transferring func- 
tional activities to the States or other agencies. Perhaps the supervisor 
ot public-school relations and the educational field agents under his 
direction would constitute the only exceptions. Savings, actual, since 

1 



V 



5 



\ 




' 







Kg 1LOID6I2S 

HatioEal lofiaq ^ssociatioD. 



The attention of Secretaries and other officers of 
the Auxiliaries, and their Branches, of (EhE WonjEn'g 
Rational Indian, Hsgociatiorj, is called by the Execu- 
tive Board to the three following announcements : 

ist. The Annual Meeting of the Association will take place 
at the Arch Street Methodist Episcopal Church, (the marble church) 
corner Arch and Broad Streets, Philadelphia, Wednesday, November 
7th, at 10.30 A. M. and 2 P. M., and Thursday, the 8th, at 10 A. M. 

The Reception of Officers and Delegates will be at the 
residence of Mrs. Matthew Simpson, 1334 Arch Street, Tuesday 
November 6th, from 8 to 10 P. M. 

The Mass Meeting will be at Association Haix, corner Fif- 
teenth and Chestnut Streets, Wednesday, November 7th, at 8 P. M. 

All Auxiliaries and their Branches, are earnestly requested at once 
to elect Delegates to the Annual Meetings, and to send the full address 
of these, at the earliest possible moment, to the Corresponding Secre 
tary, Miss H. R. Foote, 2105 Spruce Street, Philadelphia, in order that 
there may be time to assign places for the Delegates, and to put these 
in communication with their hostesses. 

The General Officers of State, half-State, the Great-City and the 
District of Columbia Auxiliaries, are Delegates by virtue of office, and 
each such Auxiliary is also entitled to five other Delegates. All 
Branches of the above Auxiliaries are entitled to two Delegates each. 



•• 



Ey a, fci 



l 



*u<z 



H 



1 



V 



g ILOIDgES 



MatiDEal lu&mii JssoGiaiioi}. 



The attention of Secretaries and other officers of 
the Auxiliaries, and their Branches, of She Woipeij'? 
Rational Indiai? HggoGiatioij, is called by the Execu- 
tive Board to the three following announcements : 



/ 



ist. The Annual Meeting of the Association will take place 
at the Arch Street Methodist Episcopal Church, (the marble church) 
corner Arch and Broad Streets, Philadelphia, Wednesday, November 
7th, at 10.30 A. M. and 2 P. M., and Thursday, the 8th, at 10 A. M. 

The Reception of Officers and Delegates will be at the 
residence of Mrs. Matthew Simpson, 1334 Arch Street, Tuesday 
November 6th, from 8 to 10 P. M. 

The Mass Meeting will be at Association Hall, corner Fif- 
teenth and Chestnut Streets, Wednesday, November 7th, at 8 P. M. 

All Auxiliaries and their Branches, are earnestly requested at once 
to elect Delegates to the Annual Meetings, and to send the full address 
of these, at the earliest possible moment, to the Corresponding Secre 
tary, Miss H. R. Foote, 2105 Spruce Street, Philadelphia, in order that 
there may be time to assign places for the Delegates, and to put these 
in communication with their hostesses. 

The General Officers of State, half-State, the Great-City and the 
District of Columbia Auxiliaries, are Delegates by virtue of office, and 
each such Auxiliary is also entitled to five other Delegates. All 
Branches of the above Auxiliaries are entitled to two Delegates each. 



tr tt 



%-